enshrined in article 21 (2) of the ACHPR article 20 (1) and 28 of the UNDRIP, article 8 of the UDHR and article 2 (3) of the ICCPR. 7. Any other orders. SUMMARY OF FACTS Plaintiff’s Case 8. The Plaintiff, Chief Ambrose Osuan, the Ousan of Benin Kingdom, has brought a claim against the Defendants on behalf of himself and all the members of the Osuan family of Benin Kingdom. 9. The Plaintiff asserts that his family are traditional owners and dwellers of the land and estate located behind the Moat (Iyeke Iya) having been given the same about 400 years ago. That their family has lived on this land until it was forcefully taken from them by the British Colonial Government. 10. That the land formed family farms and plantations for food and cash crops as well as botanical gardens on the same. That this piece of land, which they had ownership of, was forcefully acquired by the British in 1897. That whilst the land was acquired by the British Colonial Government, the cadastral mapping of 1914 and 1918 Cadastral Survey Maps of Benin Province (BE.5) and European Reservation (BE.6) delineated the said land as Chief Osuan Farms. 11. That the great grandfather of the Plaintiff tried to re-claim the acquired land but failed as the Plaintiff claims his lack of education impeded his claim. The Plaintiff asserts that he sought judicial redress in the High Court in Benin City in 2013 but judgment was entered against him. He further filed an appeal in the Court of Appeal and the proceedings are still pending. DEFENDANT’S CASE 12. The Defendants filed a motion pursuant to article 35 (2) and article 77 (1) of the Rules for the Court to hear and grant and order for extension of time to file the memorandum of conditional appearance, statement of Defence and Preliminary objection. This was supported by an affidavit. 13. The Defendants made the following averments in support of their case that the land in question is not the property of the Plaintiff neither was it the property of the Plaintiff’s forefathers as claimed. 14. The Defendant averred that the Plaintiff lacked the competence to institute the present action. 15. The Defendant averred that the cause of action spanned over ninety-eight (98) years. 16. That the Plaintiff’s claim of title to the disputed land is statute barred and cannot be adjudicated upon. 3

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